scholarly journals FUNDAMENTAL PRINCIPLES OF THE LEGISLATION PROCESS

2021 ◽  
Vol 6 (1) ◽  
pp. 41-64
Author(s):  
Yassar Aulia ◽  
Ali Abdurahman ◽  
Mei Susanto
Keyword(s):  
Fast Track ◽  
Job Creation ◽  
Legal Framework ◽  
Comparative Approach ◽  
Legislative Process ◽  
Constitutional Court ◽  
Second Amendment ◽  
The United Kingdom ◽  
Analytical Research ◽  
Law Making

The Indonesian legislative process in recent years has been facing various serious procedural flaws. Most notably illustrated by at least three contemporary cases, namely regarding the process of the second amendment to Law No. 30 of 2002 concerning the Corruption Eradication Commission (hereinafter referred to as the KPK Law); the third amendment to Law No. 24 of 2003 concerning the Constitutional Court (MK Law); and the formation of Law No. 11 of 2020 concerning Job Creation (Job Creation Law). The purpose of this paper is to see whether in practice, the legislative process in Indonesia has aligned itself with the fundamental principles of the legislative process and to see whether the legal framework regarding procedures during the law-making process are adequate. Through descriptive analytical research and comparative approach with the United Kingdom, this paper found that the Indonesian law-making process in practice is not in line with the fundamental principles of the legislative process. We also found that the legal framework regarding the procedure for making laws in Indonesia to be inadequate and therefore we suggest that it can draw some lessons from the practices of the British Parliament. Abstrak: Pembentukan undang-undang (UU) di Indonesia dalam beberapa tahun terakhir memiliki berbagai kecacatan prosedural yang serius.  Kekacauan proses legislasi di Indonesia paling terang terilustrasikan jika melihat setidaknya tiga kasus kontemporer, yakni mengenai proses pembentukan UU No. 19 Tahun 2019 tentang Perubahan Kedua atas UU No. 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi (selanjutnya disebut UU KPK), UU No. 7 Tahun 2020 tentang Perubahan Ketiga atas UU No. 24 Tahun 2003 tentang Mahkamah Konstitusi (UU MK), dan UU No. 11 Tahun 2020 tentang Cipta Kerja (UU Cipta Kerja). Tujuan dari tulisan ini adalah untuk melihat apakah dalam praktik, proses pembentukan UU di Indonesia telah menyelaraskan diri dengan prinsip-prinsip fundamental proses pembentukan undang-undang dan melihat apakah pranata hukum prosedural yang berlaku telah memadai. Melalui spesifikasi penelitian deskriptif analitis dan pendekatan perbandingan hukum dengan Britania Raya, hasil penelitian menunjukkan bahwa praktik pembentukan undang-undang di Indonesia belum selaras dengan prinsip-prinsip fundamental proses pembentukan undang-undang. Pranata hukum mengenai prosedur pembentukan UU yang ada di Indonesia juga kami temukan belum memadai dan oleh karenanya dapat mengambil beberapa pelajaran dari praktik Parlemen Britania Raya. Kata Kunci: Fast-Track Legislation, Omnibus Law, Pembentukan Undang-Undang, Perbandingan Hukum, Prinsip Prosedural

scholarly journals SEPARATE ISSUES OF LEGAL REGULATION OF REGIONAL LEGISLATION

ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Legislative Process ◽  
Constitutional Court ◽  
Theoretical Approaches ◽  
Moral Attitudes ◽  
Implementation Problems

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.

scholarly journals Criticisms toward the job creation bill and ethical reconstruction of legislators based on prophetic values

2021 ◽  
Vol 29 (1) ◽  
pp. 144-160
Author(s):  
Ilham Dwi Rafiqi
Keyword(s):  
Public Participation ◽  
Social Ethics ◽  
Job Creation ◽  
Legislative Process ◽  
Top Down ◽  
Philosophical Approach ◽  
The Public ◽  
New Form ◽  
Law Making ◽  
Research Show

Post the issuance of Law Number 11 of 2020 concerning Job Creation, the public paid more attention by continuing to protest and criticize. This response occurred due to various legislative deviations noticed during the legislative process of the Job Creation Bill by not adhering to the principles and procedures for the formation of laws and regulations. The main cause for this deviation is due to the ethics of the legislators who are not thoroughly compliant and obedient toward the statutory regulations and social ethics. Legislators’ understanding of law and life tends to be influenced by materialistic-positivistic views that bring forth consumptive, hedonistic, and secular demeanors and behaviors. On this basis, this paper tries to criticize and reconstruct the legislators’ ethics in law-making. This study is using a normative juridical method and is supported by a philosophical approach. The outcomes of this research show that the process in the making of the Job Creation Bill tends to override the principle of transparency and public participation with a closed and hasty pattern so that it is a complete ulterior hasty agenda that prioritizes the concept of regulating and monitoring only (top-down). A work ethic based on prophetic values that are supported by the ground principles of a prophetic paradigm that includes humanization, liberation, and transcendence into a new form of construction to be able to create a better and just legislative process.

scholarly journals GRAĐANSKOPRAVNO UREĐENJE DJELATNOSTI LOBIRANJA

2021 ◽  
Vol 37 (2) ◽  
pp. 35-60
Author(s):  
Davorin Pichler
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Academic Community ◽  
Comparative Approach ◽  
Legislative Process ◽  
Grey Zone ◽  
Legal Systems ◽  
Informal Activity ◽  
The Republic ◽  
Basic Features

The Republic of Croatia does not have a legal framework for regulating lobbying activities. With the adoption of regulations governing lobbying, this informal activity is translated from the “grey zone” into an activity under the “watchful eye” of the competent authorities. Although there is a large amount of professional and scientific literature on the concept and activity of lobbying, it can be noticed that the academic community is much less concerned with the legal institute of lobbying contract, its classification, characteristics and content. The lobbying contract in the wider context of the Croatian science of civil law and legal practice, comprises the features of certain legal transactions, primarily a contract for services / or a mandate contract. The object of performing a lobbying contract is the execution of a lobbying activity, as a rule for a consideration, and in that sense, it represents a specific form of a contract for services. The mandate contract features found in the formation of the lobbying contract will also be emphasized. The paper aims at presenting the basic features of the lobbying contract and emphasizing certain outstanding issues that may arise in any legal regulation of this legal act in the Republic of Croatia. The comparative approach in the paper points to legal solutions applied by legal systems with a long lobbying tradition as a legitimate part of the legislative process. It also points out the plausible solutions that have emerged from the legal systems of predominantly former communist and transition countries, and which are all the more adequate to possible Croatian lobbying contract regulation.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

The Lawmaking Process as a Combination of Conditional and Unconditional

2020 ◽  
pp. 72-76
Author(s):  
G. N. Utkin
Keyword(s):  
Legislative Process ◽  
Complex Combination ◽  
Law Making

The article substantiates that lawmaking is a process characterized by a complex combination of conditional and unconditional. In spite of the predominance of the conditional in its characterization, there must always be something in it that is self-conditioned, immutable and irresistible, and is therefore capable of being the source of the unconditionality of the prescriptions that result from law-making. In modern States, the importance of conditional lawmaking is compensated by the unconditionality of procedural and procedural requirements underlying the organization of the legislative process.

Anti-System Politics

2020 ◽  
Author(s):  
Jonathan Hopkin
Keyword(s):  
Comparative Approach ◽  
The European Union ◽  
Political Systems ◽  
The United Kingdom ◽  
The Us ◽  
Long Term Result ◽  
The Rich ◽  
Dramatic Shift ◽  
To Come ◽  
The Right

Recent elections in the advanced Western democracies have undermined the basic foundations of political systems that had previously beaten back all challenges—from both the Left and the Right. The election of Donald Trump to the US presidency, only months after the United Kingdom voted to leave the European Union, signaled a dramatic shift in the politics of the rich democracies. This book traces the evolution of this shift and argues that it is a long-term result of abandoning the postwar model of egalitarian capitalism in the 1970s. That shift entailed weakening the democratic process in favor of an opaque, technocratic form of governance that allows voters little opportunity to influence policy. With the financial crisis of the late 2000s, these arrangements became unsustainable, as incumbent politicians were unable to provide solutions to economic hardship. Electorates demanded change, and it had to come from outside the system. Using a comparative approach, the text explains why different kinds of anti-system politics emerge in different countries and how political and economic factors impact the degree of electoral instability that emerges. Finally, it discusses the implications of these changes, arguing that the only way for mainstream political forces to survive is for them to embrace a more activist role for government in protecting societies from economic turbulence.

The Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

Nigeria: Advancing the Cause of Renewable Energy in Nigeria’s Power Sector Through its Legal Framework

2021 ◽  
Vol 50 (4-5) ◽  
pp. 433-444
Author(s):  
Olusola Joshua Olujobi ◽  
Temilola Olusola-Olujobi
Keyword(s):  
Renewable Energy ◽  
Fossil Fuels ◽  
Renewable Energy Sources ◽  
Legal Framework ◽  
Comparative Approach ◽  
Energy Sources ◽  
Power Sector ◽  
Alternative Source ◽  
Regulatory Policies ◽  
Oil Sector

Fossil fuels have been the mainstream of energy supply and a major source of foreign exchange earnings for the Federal Government of Nigeria, in spite of being an unrenewable and unsustainable source of energy. Nigeria is yet to tap into the full benefits after privatising its power sector, including the new global evolution in the energy sector and the resulting increasing demand for renewable energy sources, which some consider to be cheaper and more environmentally friendly than fossil fuels and their allied products. Energy security is a challenge to socio-economic development in Nigeria, due to the country’s over-dependency on fossil fuels. In terms of their impact and the potentials to preserve energy sources for longevity and sustainability, however, fossil fuels will come to be seen as an out-dated alternative in the power sector as the energy industry evolves. The implications for Nigeria’s oil sector will not be limited to dwindling crude oil prices. The concerns include poor energy utilisation in Nigeria and the need to promote energy efficiency and sustainability. They have led to the formulation of new energy policies around the world to serve as a vehicle for translating solutions into reality. This study has adopted a library-based legal research method with a comparative approach. The study reveals that it is the lack of a coherent legal framework with incentives for using renewable energy that is largely seen as the key issue causing slow uptake of renewable energy as an alternative source of energy in Nigeria. As well as the need for a coherent legal framework on energy and incentives for using renewable energy sources, the study advocates stringent enforcement of existing energy regulatory policies.

Die Entwicklung der Rechtsprechung zur patentrechtlichen Äquivalenzlehre in Deutschland und Großbritannien

2021 ◽  
Author(s):  
Philipp Ostendorff
Keyword(s):  
United Kingdom ◽  
Patent Protection ◽  
Supreme Court Decision ◽  
Case Law ◽  
Comparative Approach ◽  
The United Kingdom ◽  
Common Foundation ◽  
Selection Decision ◽  
Uk Supreme Court ◽  
Prosecution History Estoppel

Is a uniform European doctrine of equivalence within reach in light of the recent UK Supreme Court decision in Actavis v. Eli Lilly? Taking a comparative approach, the thesis outlines the development of case law on the scope of patent protection in Germany and the United Kingdom by looking at the respective precedents and examines whether there is a common foundation for a uniform doctrine of equivalence in the two most important patent jurisdictions in Europe. It deals in particular with the two controversial and for practitioners very relevant problem areas of the "prosecution history estoppel" as well as the so-called selection decision and makes a proposal for a reform of the EPC.

scholarly journals The Mediation Committee of the Bundestag and Bundesrat: A Special Institution of German Constitutional Law

2016 ◽  
Vol 44 (1) ◽  
pp. 35-42
Author(s):  
Claus Koggel
Keyword(s):  
Constitutional Law ◽  
Political Power ◽  
Case Law ◽  
Legislative Process ◽  
Constitutional Court ◽  
Current Case ◽  
Basic Law ◽  
Federal Constitutional ◽  
Legislative Procedure ◽  
German Constitutional Law

AbstractThe Mediation Committee of the Bundestag and Bundesrat – is it “one of the most felicitous innovations in our constitutional activities”, “the most positive institution in the entire Basic Law” or, as some critics assert “a substitute and superordinate parliament” or indeed the “mysterious darkroom of the legislative process”? This article seeks to provide answers to these questions. It is however clear that the Mediation Committee has become an important instrument for attaining political compromises in Germany's legislative procedure. The Committee's purpose is to find a balance between the differing opinions of the Bundestag and Bundesrat concerning the content of legislation, and, through political mediation and mutual concessions, to find solutions that are acceptable to both sides. Thanks to this approach, the Mediation Committee has helped save countless important pieces of legislation from failure since it was established over 65 years ago, thus making a vital contribution to ensure the legislative process works efficiently. The lecture will address the Mediation Committee's status and role within the German legislative process. It will explain the composition of this body as well as its most important procedural principles also against the backdrop of current case law from the Federal Constitutional Court. Finally, the lecture will consider how particular constellations of political power impact on the Mediation Committee's work.

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